IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 780 of 2009()
1. K.BALAPPA, S/O.LATE SHANKARA,
... Petitioner
Vs
1. RAMESH POOJARI, S/O.ELIYANNA POOJARY.
... Respondent
2. SAJEETH, S/O.LATE SAROJINI.
3. SHOBITH, S/O.LATE SAROJINI,
4. REVENUE DIVISIONAL OFFICER,
5. COMMISSIONER OF LAND REVENUE,
6. STATE OF KERALA REPRESENTED BY
For Petitioner :SMT.T.D.RAJALAKSHMI
For Respondent : No Appearance
The Hon'ble the Chief Justice MR.S.R.BANNURMATH
The Hon'ble MR. Justice KURIAN JOSEPH
Dated :06/04/2009
O R D E R
S.R.Bannurmath, C.J. & Kurian Joseph, J.
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W.A No. 780 of 2009
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Dated, this the 6th day of April, 2009
JUDGMENT
Kurian Joseph, J.
Appellant is the petitioner in the writ petition. He
aggrieved since his revision before the Commissioner of Land
Revenue was rejected on the ground of limitation. The issue
pertains to the request made by the petitioner for assignment. We
find that under Rule 21(9) of the Kerala Land assignment Rules,
the petitioner has an effective remedy before the Government.
2. In the above circumstances, we dispose of the writ
appeal as follows:
The judgment of the learned Single Judge is set aside.
In the event of the appellant/petitioner approaching the
Government by way of revision within a period of one month from
today, the matter will be considered by the Government on merits
with notice to the appellant/petitioner and other affected parties
within a period of three months thereafter. We make it clear that
W.A. No.780 of 2009
– 2 –
we have not expressed any opinion on the merits of the case and all
the contentions raised by the parties are left open.
The appellant will furnish a copy of the judgment and
appeal memorandum to the Government along with the revision
petition.
S.R.Bannurmath,
Chief Justice
Kurian Joseph,
Judge
vns